Terry Wong

The applicant employer sought judicial review of an Ontario Labour Relations Board decision directing it to pay wages to a former employee.

The employer argued the Board's credibility findings were inconsistent and its decision unreasonable regarding the employee's refusal of a call-in shift.

The Divisional Court dismissed the application, finding no basis to interfere with the Board's factual findings and noting that a trier of fact may accept parts of a witness's evidence while rejecting others.

The applicant sought judicial review of an Ontario Labour Relations Board decision determining he was not entitled to severance pay under s. 64 of the Employment Standards Act.

The Board had concluded that the employer's payroll calculation for the $2.5 million threshold was restricted to its Ontario payroll, excluding its global payroll.

The Divisional Court found the Board's interpretation unreasonable, holding that the calculation of payroll under s. 64 is not restricted to Ontario employment and must include global payroll.

The application was allowed and the matter remitted to the Board.

The applicant sought judicial review of a decision by the Ontario Labour Relations Board regarding an employment standards claim against his former employer.

The dispute centered on the number of hours the applicant worked in October 2017.

The Board found he worked 34.5 hours, while the applicant claimed he worked up to 93 hours.

The Divisional Court dismissed the application, holding that the Board's factual finding was reasonable based on the evidence, which included a paystub and OMVIC registration documents.